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58. The secretary of the interior shall also cause to be paid from such appropriations 16 Jan. 1863 § 5. the sum of ten dollars to each prisoner, when he or she shall be legally discharged, to Payment to disenable such prisoner to reach the point he or she may wish to go to.

charged convicts. Ibid. 26.

59. Whenever a suitable penitentiary shall be erected in the District of Columbia, and completed for the reception of prisoners, it shall be the duty of the secretary of Transfer to penithe interior, to cause to be transferred to such penitentiary, all persons who shall then tentiary. be imprisoned outside of the District of Columbia, under sentence of the criminal court of said district.

12 Stat. 823.

Extended to all persons convicted

60. That the provisions of the act entitled "An act to provide for the imprisonment 28 Jan. 1863 1. of persons convicted of crime by the criminal court of the District of Columbia," approved the 16th day of January 1863, be and are hereby made applicable to all persons who had been convieted of crime by the criminal court of the District of Columbia and of crime. sentenced to confinement in the penitentiary prior to the date of the act herein named, and subsequent to the transfer legalized by the fourth section thereof, and their transfer to the penitentiary at Albany, in the state of New York, in the present month, by order of the president of the United States, is likewise hereby legalized and declared valid; and the said persons so transferred shall continue in confinement in said prison until the expiration of their several terms of imprisonment, or until they shall be legally discharged or removed.

61. The president of the United States shall appoint, by and with the advice and consent of the senate, some suitable person to be warden of the jail in the district of Columbia, (a) who shall hold his office for the term of four years, and who shall receive an annual salary of sixteen hundred dollars, which shall include all fees and emoluments. And said warden shall annually, in the month of November, make a detailed report to the secretary of the interior.

Ibid. & 2

62. The said warden shall have the exclusive supervision and control of the jails in said district, and be accountable for the safe-keeping of all the prisoners legally com- His powers and mitted thereto, and shall have all the power and discharge all the duties heretofore duties. legally exercised and discharged over said jails and the prisoners therein by the marshal of the said district.

29 Feb. 1864 1.

13 Stat. 12.

Appointment of

warden.

Ibid. § 3.

63. The warden of the penitentiary in the said district, upon the order of the supreme court of said district, or the secretary of the interior, shall transport all convicts sen- Transportation tenced to imprisonment beyond the limits of said district, to the place of confinement, of convicts. receiving therefor the actual expenses of himself, guard and of each convict. And in case of absence or other disability of said warden, the warden of said jail, having the custody of said convicts, shall, upon order as aforesaid, transport them to the place of confinement, receiving therefor the compensation aforesaid.

Ibid. § 4.

64. Said warden shall, before entering upon the duties of the office, execute to the United States a bond for the faithful performance of the duties thereof, in the penal Bond of warden. sum of five thousand dollars, with sureties, to be approved by some judge of the supreme court of said district.

(a) See infra 80: and see acts 12 May 1864 5, 13 Stat. 75; and

27 June 1864 2 5, 13 Stat. 196.

VOL. II.-13

65. It shall be the duty of the warden of the jail in the District of Columbia, whenever any person confined in said jail shall be adjudged to suffer death, to carry such judgment into execution; but nothing in this act, nor "An act to authorize the appointment of a warden of the jail in the District of Columbia," approved February 29th 1864, shall be construed to impair or interfere with the authority of the marshal of the said district, to commit persons to said jail, or to produce them in open court, or before any judicial officer when thereto required. And it shall be the duty of the warden of said jail to receive such prisoners, and to deliver them to said marshal or his duly authorized deputy, on the written request of either, for the purpose of taking them before any court or judicial officer as aforesaid.

66. That the second section of an act entitled "An act for the punishment of crimes 13 Jan. 1865 1. in the District of Columbia," approved March 2d 1831,(b) be and the same is hereby amended so as to read as follows: That every person duly convicted of manslaughter, or of any assault with intent to kill, shall be sentenced to suffer imprisonment and labor, for the first offence, for a period not less than two nor more than eight years, for the second offence, for a period not less than six nor more than fifteen years.

13 Stat. 421. Punishment of manslaughter.

14 Stat. 251.

67. The unlawful tapping of any water-pipe laid down in the District of Columbia, 25 July 1866 § 1. by authority of the United States, is hereby declared to be a misdemeanor and an indictable offence; and any person who may be indicted for and convicted of such Unlawfully tapoffence in the criminal court of the District of Columbia, shall be subject to such fine water-pipes. as the court may think proper to impose, not exceeding five hundred dollars, or to imprisonment for a term not exceeding one year. And it is hereby made the special

ping government

(b) 1 vol. 242, pl. 63.

12 May 1864 4.

13 Stat. 75.

Execution in

capital cases.

25 July 1866.

22 Feb. 1867 1. 14 Stat. 406.

Grand larceny.

68. If any person shall steal any money, or other personal goods or chattels, the property of another, of the value of thirty-five dollars or upward, the person so offending shall be deemed guilty of larceny, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

Ibid. § 2. Larceny or derities, &c.

69. If any person shall steal, or maliciously and feloniously destroy, any bank bill, promissory note or notes, bill of exchange, order, receipt, warrant, draft, check or struction of secu- bond, given for the payment of money, or receipt acknowledging the receipt of money

or other property, or any government bonds or other securities, or stamps, United States treasury notes, or any public stocks, of the value of thirty-five dollars or upward, knowing the same to be such, any such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

70. If any person shall receive or buy any goods or chattels, or bank bill or bills, or promissory note or notes, bill of exchange, order, receipt, draft, warrant, check or bond, given for the payment of money, or any government bond, United States treasury note or notes, or other securities, or government stamps, or stocks, of the value of thirtyfive dollars or upwards, which have been stolen, knowing the same to be stolen, with intent to defraud the owners thereof, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three years, nor less than one year.

71. If any person shall steal any money, or other goods and chattels of any kind whatever, of less value than thirty-five dollars, the property of another, or shall steal or maliciously destroy any bank bill, promissory note, bill of exchange, order, warrant, draft, check or bond, or any accountable receipt for money, given for the payment or acknowledgment of any sum under thirty-five dollars, or any United States treasury note, or government stamps, of less value than thirty-five dollars, the property of another; or shall receive or buy the same, knowing the same to be stolen, for the purpose of defrauding the owner thereof; every such person so offending, on conviction thereof, shall make restitution to the party injured, in twofold the value of the property stolen or destroyed, and be fined in any sum not exceeding two hundred dollars, or shall be imprisoned in the jail of said district, for any time not exceeding six months, or both, at the discretion of the court.

Ibid. 3. Receiving stolen goods, &c.

Ibid. 4. Petit larceny.

Receiving.

duty of the commissioner of public buildings to bring to the notice of the attorney of the United States for the District of Columbia, or to the grand jury, any infraction of this law.

Ibid. 5. Embezzlement.

72. If any clerk or servant of any private person, or any copartnership (except persons within the age of sixteen years), or any officer, agent, clerk or servant of any incorporated company, shall embezzle or convert to his own use, or fraudulently take, make way with, or secrete, with intent to embezzle or fraudulently convert to his own use, without the assent of his master or employers, any money, goods, rights of action, government bonds, United States treasury notes, or government stamps, or other valuable security or effects whatever, belonging to any other person, which shall come into his possession, or under his care, by virtue of such employment or office, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article or property so embezzled, taken or secreted, or of the value of any sum of money payable or due upon any right in action so embezzled. 73. Every embezzlement of any evidence of debt, negotiable by delivery only, and What to be deem- actually executed by the master or employer of any such clerk, agent, officer or servant,

Ibid. 6.

ed embezzlement.

but not delivered or issued as a valid instrument, shall be deemed an offence within the meaning of the last preceding section.

Ibid. 7.

zled property.

74. Every person who shall buy, or in any way receive, any money, goods, rights in Receiving embez- action, government bonds, United States treasury notes, or other valuable security or effects whatever, or government stamps, knowing the same to have been embezzled, taken or secreted, contrary to the provisions of the two last sections, shall upon conviction, be punished in the same manner, and to the same extent as therein prescribed, upon a conviction of a servant, clerk or agent for such embezzlement.

Ibid. 28. Larceny and embezzlement by carriers and bailees.

75. If any carrier or other person, to whom any goods, money, right in action, or any valuable personal property or effects, shall have been delivered to be transported or carried, for hire, or any person employed in such transportation or carrying, shall, without the assent of his employer, take, embezzle or convert to his own use, such goods, money, right in action, property or effects, or any part of them, and before delivery of such article, at the place or to the person entitled to receive them, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article so taken, embezzled, converted or secreted.

76. All persons sentenced to imprisonment in the jail of said district may be em- 22 Feb. 1867 ₹ 9. ployed at such labor, and under such regulations, as may be prescribed by the supreme Convicts to be court of said district, and the proceeds thereof applied to defray the expenses of the kept at labor. trial and conviction of any such person.

Ibid. 10.

77. It shall be the duty of the supreme court of said district to make such rules for the government and discipline of the prisoners confined in said jail, as shall be deemed Rules for governnecessary for the health, security and the protection of said prisoners from cruel treatment of jails. ment by any person in charge thereof.

78. On the trial of any person charged with a crime, the punishment whereof may Ibid. § 11. be confinement in the penitentiary or district jail, the defendant shall be entitled to Challenges of four peremptory challenges of jurors.

jurors.

79. In all criminal trials, the said supreme court, or the judge trying the case, may Ibid. 12. allow such number of witnesses on behalf of the defendant, as may appear necessary, Payment of deand the fees thereof, with the costs of service, to be paid in the same manner as govern- nesses. ment witnesses are now paid.

fendant's wit

15 Stat. 342.

80. The supreme court of the District of Columbia shall have authority to appoint 3 March 1869 3 1. a suitable person to act as warden of the jail of said district, and to remove said officer whenever, in the opinion of said court, the public interests may require it, and to fill all Appointment of vacancies which may occur.

of jail.

81. The warden of said jail shall have authority to appoint such subordinate officers, Ibid. ? 2. guards and employés as are necessary for the proper management and safe-keeping of of subordinate prisoners, which now are or may hereafter be authorized by law, subject to the approval of the chief justice of said court.

officers.

VIII. JUSTICES OF THE PEACE.

14 Stat. 401.

82. Justices of the peace in the District of Columbia shall have jurisdiction in all 22 Feb. 1867 ? 1. cases, where the amount claimed to be due for debt or damages arising out of contracts, express or implied, or damages for wrongs or injuries to persons or property, does not Civil jurisdiction. exceed one hundred dollars; except in cases involving the title to real estate, actions to recover damages for assault, or assault and battery, or for malicious prosecution, or actions against justices of the peace or other officers for misconduct in office, or in actions for slander, verbal or written.

83. The supreme court of said district shall make and establish rules of practice, and Ibid. § 2. prepare and publish forms of pleadings, for bringing all forms of actions, and the trial Rules of practice. thereof before said justices of the peace; and shall fix and determine a bill of fees and Costs. costs to be taxed and charged by the said justices, and by the constables of said District of Columbia, in all civil suits in said district.

Ibid. 3.

84. There shall be no stay of execution on any judgment obtained before any justice of the peace, for the wages of any servant or common laborer, or upon any judgment Stay of execu for less than five dollars; but execution may issue for the collection thereof imme- tion. diately, and judgments shall be entered within two days after the trial of the action. But on all judgments or fines, except as aforesaid, stay of execution shall be entered as follows: for the sum of five dollars and not exceeding twenty dollars, one month; for all sums over twenty dollars and not exceeding forty dollars, two months; for all sums over forty dollars and not exceeding seventy-five dollars, four months; for all sums exceeding seventy-five dollars, six months: Provided, good and sufficient security be entered by a person or persons who may be at the time the owner of sufficient property located in said district, above all liabilities and exemptions, to secure said debt, costs and interest.

Ibid. 4.

85. All justices of the peace may issue original writs, civil and criminal, returnable before themselves; but any party, or agent or attorney thereof, may have the cause Process. removed to the nearest justice, upon filing an affidavit with said justice on the return Removal of day, or day of trial of said action, that he or she does not believe said justice will give him or her a fair and impartial trial, on account of prejudice or other reasonable cause.

causes.

86. No person in said district shall be fined or imprisoned for disorderly conduct, Ibid. 25. unless such person was personally and individually guilty of acts disorderly in them- Disorderly conselves. And any officer in said district who uses unnecessary and wanton severity in duct. arresting or imprisoning any person, shall be deemed guilty of assault and battery, and upon conviction thereof, punished therefor.

Arrests.

Ibid. 26.

87. In all criminal cases, or offences charged, the justice having jurisdiction thereof shall allow the defendant reasonable time to prepare for defence or obtain bail; and no Bail in criminal exorbitant bail shall in any case be required.

cases.

Ibid. 7.

88. Non-residents of said district shall not commence suit before any justice of the peace therein, without first giving sufficient security for costs.

89. When any person or persons shall be arrested on a warrant for committing an

Ibid. 8.

assault, or an assault and battery, or an affray, issued on the complaint of the party injured, by any justice of the peace of said district, or in case of an affray, on the complaint of any person who shall have seen the same, every such person or persons shall be taken before the justice who issued the warrant, or if he be absent or otherwise incapable of acting, then before the nearest other justice in said district, and he or they shall be admitted to plead guilty of the charge preferred; and the said justice before whom such plea may be pleaded shall have power, and he is hereby authorized, to assess such fine or penalty as is authorized by law, and enter judgment therefor against the person so pleading guilty and for cost, and issue execution thereon as in civil cases.

90. No appeal shall be allowed from a judgment of a justice of the peace, unless the appellant, with sufficient surety or sureties, approved by the justice, enter into an Surety on appeal. undertaking to satisfy and pay all intervening damages and costs arising on the

appeal.(a)

22 February 1867.

Jurisdiction of

assault and bat

tery, and affray.

22 Feb. 1867 1.

14 Stat. 403.

Ibid. 2. Proceedings on appeal.

Ibid. 3. Rights of appellee.

8 April 1864 1. 13 Stat. 44.

Appointment of notaries public.

Ibid. 3. Powers of notaries.

Ibid. 2.

94. Each notary public hereafter appointed, before entering upon the duties of his Oath and bond. office, shall take an oath faithfully to discharge the same, and shall give bond to the

United States in the sum of two thousand dollars, with security to be approved by the said supreme court, or a judge thereof, for the faithful discharge of the duties of his office. And the said court shall, with reasonable despatch, by a general order to be published in one or more newspapers printed in the said district, require all persons now holding the commission of notary public in said district to give new bond, as herein before provided for, within a short time to be prescribed therein; and all such persons failing to comply therewith shall be stricken from the list of notaries.

95. Notaries public shall have authority to demand acceptance and payment of foreign bills of exchange, and to protest the same for non-acceptance and non-payment; and to exercise such other powers and duties as by the law of nations and according to commercial usages, or for use and effect beyond the jurisdiction of the said district, as, according to the law of any state or territory of the United States, or any foreign government in amity with the United States, may be performed by notaries public.

Ibid. 24.

96. Notaries public may also demand acceptance of inland bills of exchange, and Protest of inland payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-payment, as the case may require.

bills.

91. When such undertaking has been entered into, the justice shall immediately file the original papers, including a copy of his docket entries, in the office of the clerk of the supreme court of the District of Columbia; and thereupon, as soon as the appellant shall have made the deposit for costs required by law, or obtained leave from one of the justices, or from the court, to prosecute his appeal without a deposit, the clerk shall docket the cause, and shall issue a summons for the appellee to appear at the next trial term of the court, and thereafter the cause shall be proceeded with in the manner prescribed by the act of March 1, 1823, (b) entitled "An act to extend the jurisdiction of justices of the peace in the recovery of debts in the District of Columbia," except that the appellant need not file a petition as directed by said act.

92. If the appellant fails to prosecute his appeal, the appellee may, upon making the aforesaid deposit for costs, have the cause docketed, and move for affirmance of the justice's judgment, or he may have a trial of the cause upon its merits.

Ibid. 26. Record.

IX. NOTARIES PUBLIC.

93. Notaries public for the District of Columbia may be appointed by the supreme court of said district, whose term of office shall be five years, and who may be removed by said court for cause. There shall be no new appointment of a notary public, until the number in this district is reduced to twenty-five; and when the number is so reduced, as vacancies thereafter occur, they may be filled by said court.

Ibid. 25. Power to take acknowledgments and

97. Each notary public shall have power to take and to certify the acknowledgment or proof of powers of attorney, mortgages, deeds and other instruments of writing, the acknowledgment of any conveyance or other instrument of writing executed by any

administer oaths. married woman, to take depositions and to administer oaths and affirmations in all

matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge or officer within this district.

98. Each notary public shall keep a fair record of all his official acts, except such as are mentioned in the fifth section of this act; and when required, shall give a certified copy of any record in his office to any person, upon payment of the fees therefor.

99. Each notary public, before he acts as such, shall provide a notarial seal, with which he shall authenticate all his official acts; which seal, together with his records and official documents, shall not be liable to be seized on by any execution; he shall (b) 1 vol. 245, pl. 91.

(a) See supra 12.

Ibid. 7. Notarial seal.

deposit an impression of his official seal in the office of the clerk of the supreme court of said district.

100. On the death, resignation or removal from office of any notary public, his records, Ibid. 28. together with all his official papers, shall be deposited in the office of the clerk of the Disposition of supreme court of said district.

records in case of
death, &c.
Ibid. 89.
Record to be

dence.

101. The original protest of a notary public, under his hand and official seal, of any bill of exchange or promissory note, for non-acceptance or non-payment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and prima facie evithe non-acceptance or non-payment thereof, and the service of notice on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to whom the same was given, and the post office nearest thereto, shall be primâ facie evidence of the facts contained therein. The certificate of a notary public, under his hand and seal of office, drawn from his record, stating the protest and the facts therein recorded, shall be evidence of the facts in like manner as the original protest.

102. The fees of notaries public shall be as follows: for each certificate and seal, fifty Ibid. 10. cents; taking depositions or other writings, for each one hundred words, ten cents; Fees. administering an oath, fifteen cents; taking acknowledgment of a deed or power of attorney, with certificate thereof, fifty cents; every protest of a bill of exchange or promissory note and recording the same, one dollar and seventy-five cents; each notice of protest, ten cents; each demand for acceptance or payment, if accepted or paid, one dollar, to be paid by the party accepting or paying the same; each noting of protest, one dollar. And any notary public who shall take a higher fee than is prescribed by Penalty for tak this act shall pay a fine of one hundred dollars, and be removed from office by the said ing illegal fees.

supreme court.

X. LANDLORD AND TENANT.

103. A tenancy at will shall not arise or be created, without an express contract or letting to that effect; and all occupation, possession or holding of any messuage or real estate, without express contract or lease, or by such contract or lease the terms of which have expired, shall be deemed and held to be tenancies by sufferance; and all estates at will and sufferance may be determined by a notice in writing to quit, of thirty days, delivered to the tenant in hand, or to some person of proper age upon the premises, or in the absence of such tenant or person, then such notice may be served by affixing the same to a conspicuous part of the premises, where it may be conveniently read. The attornment of a tenant to a stranger shall be void, and shall not affect the rights of the landlord, unless it be made with the consent, express or implied, of the landlord: Provided, That no part of this section, other than that which relates to attornment of a tenant to a stranger, shall apply to contracts made, or to any tenancy existing prior to the passage of this act, except in cases of waste, or refusal to pay

rent.

8 April 1864.

4 July 1864 1. 13 Stat. 383.

How estates at will, &c., may be created and determined.

Ibid. § 2.

Proceedings in

entry, &c.

104. When forcible entry is made, or when a peaceable entry is made, and the possession unlawfully held by force, or when possession is held without right, after the estate is determined by the terms of the lease by its own limitation, or by notice to case of forcible quit or otherwise, on written complaint, on oath of the person entitled to the premises, to a justice of the peace, charging a forcible entry or detainer of real estate as aforesaid, a summons may be issued to a proper officer, commanding the person complained of to appear and show cause why judgment should not be rendered against him; which shall be served like other writs of summons, at least seven days before his appearance. If it appears, by default or upon trial, that the complainant is entitled to the possession of the premises, he shall have judgment and execution for the possession and costs; if the complainant becomes nonsuit, and fails to prove his right to possession, the defendant shall have judgment and execution for his costs.

Ibid. 23.

Proceedings

claims title.

105. If, upon trial, defendant pleads title to the premises in himself, or in another person under whom he claims the premises, he shall recognise in a reasonable sum to the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay where defendant all intervening damages and costs, and reasonable intervening rent for the premises; and the complainant shall in like manner recognise to the defendant conditioned to enter the suit at the next term of the supreme court of the district, and pay all costs adjudged against him; and thereupon the proceedings shall be certified to said court by the justice. If either party neglects so to recognise, judgment shall be rendered against him, as on nonsuit or default, and execution shall issue accordingly as aforesaid.

106. Either party against which judgment is rendered by a justice of the peace, may appeal from such judgment to the supreme court of the District of Columbia, in the same manner as appeals are taken to the said court in other cases; but in case of an appeal.

Ibid. 24 Proceedings on

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